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Commission of the European Communities COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 09.10.1998 COM(l998) 559 final COMMUNICATION FROM THE COMMISSION To THE COUNCIL AND FOR INFORMATION TO THE EUROPEAN PARLIAMENT, THE ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS ON THE IMPLEMENTATION AND FUNCTIONING OF THE MOBILE COMMUNICATION FREQUENCY DIRECTIVES TABLE OF CONTENTS I. Ii'I'I'RODUCTION ........................................................................................................................................ l 2. COMMUNITY MEAStJRES IN THE AREA OF RADIO FREQUENCIES ......................................... 2 2.1 FRI'QI JI'NCY DIRECTIVES ........................................................................................................................... 2 2.2 fURTIIER DEVI'LOI'l\1ENTS IN C'O-OIWINATION OF FRI'(lllt:NC'II'S ................................................................ 4 2.3 0TllER COMMl INITY MEASURES CON< 'FRNIMi MOim.E ( 'OM!\H INil'ATIONS ................................................ 5 2.4 [VOl.llTION TOWAIWS TIIIIW CiENI:RATION MOBILE C<l.\IMl.INK'ATIONS SYSTI',vlS ..................................... 7 J. DIRE("J'IVE 87/372/EF.C ........................ ~ ................................................................................................... 7 I [!,\( 'K< iR! II INI >.............. · .......................................... : .... ............................................................................... 7 .1.2 ( 'IJI(RI'NT SIT I J,\ Ill lN.: .............. ; ................................................................................................................ 7 3. :!./ A!~lr/((•f {J,.,.I'Iolllllt'/1{............ .................... ...... .. .. .... .. .................................... 7 3. }. 2 lmJIIIclt!/FrcrJIIL'IICl' /Jirl'clil't' 011 the Markl'!...... ..... .. .. ... .. ........... .. ..................................... !-\ 3. 2.3 5/n'c/l'lt/11 /'.Iwragenrent ant! Amilahility ... ..................................................................................... 9 3. 2.4 Transposition/Implementation issues ............................................................................................. 10 3.3 SIGNIFICANT ISSUES ........................................................ : ........................................................................ 12 4. DIRECTIVE 90/544/EEC .............. ~ ........................................................................................................... lJ 4.1 I3ACK<iiWIJND .......................................................................................................................................... 13 4.2 CIJRI(I'NT SrnJATH>N ............................................................................................................................... 13 4.:'.. I Market Dn•elotmwnt... ............ .. ................. 13 4.2.:'. !11/flltcl o(tltc Frt'tfltt'IIC\' Din·t'fil'e .............. .. ..................... 15 ·1.2.3 .'JjJectl'/1111 Al'llilahilitr a~~tl!llanagcnwnr .... .. .... 15 4.2.4 7hrll.l'fiO.\'itionllmtJI<'IIICIII<IIinlt i.l'.l'lll'.\'.. .... ............ .. ....................... IS 4 ..~ Sl<iNII'I!'ANTISSIII'.S ......................................................................... ...................................................... 1(> 5. J)JI{J<:( 'TIVE 91/2!!7/J<:E(' .......................................................................................................................... 17 S. I! .. \('(.;( ii(()IINI l. .. ... .... ...... .. ..... ........... .................................... II -~ ., ( 'III~I<I·NT S! llli\TI< lN....... .............. .............. ............................. 17 5.2.1 1\farkL'f !>cl·dotJIIIt'lll .................... 17 52.2 !mpacto/tlre Frelflll'IIC\' Dircctil'(' .............. .. ............................................... IS 5.2.3 Spectrum Management awl Al·ailahili~\' .................................................................................. , ...... I 8 5.:!.4 Transposition/Implementation issues ............................................................................................. 19 5.3 SIGNIFICANT ISSUES ..................................................................................... : ........................................... 19 6. CONCLUSIONS ........................................................................................................................................ 20 (>.1 GENERAL ................................................................................................................................................. 20 (J.2 !Ml'I.FMENTATION'.................................................................................................................................... 20 (d 0Tlli:R ISSI.li'S: SJ>FCTRIJM [1.[,\\'.\t iFl\1 ENT, IXI'NSIN(; AND S.1\FETY OF mEQlii'NC'Y IIS,\t ;1 : .................... 21 (>.4 I' AI{'! It 'lll.AI\- ( iSt\·1... .............. , .......................................................................................... , .................... 2~ (J_) I'ARTI< '(I[J\R- I;RMI:S ............................................................................................................................ 2.\ (1,(> I'A RTI< 'Ill i\ I< - l l I~( ~T .............................................................................................................................. 2.\ ANNJ·:XJo:S ........................................................................................................................................................... ::!-1 Ai'!NioX I: C'<HJNCil DIRI'CTIVI: X7/372ilTC: NATIONAl. RHiiiLAI(JRY FRA[I.IloWURKS .................................... 2:'i Tah/" I ..... .............................................................................................................................................. 29 Tahle 2 .. .......................... ............................................................... 35 ANNJ:X 2: COUNCil. DIRJ:C:TIVF 90/54-II!~EC: Ni\TIONAI. REGIJLATORY FI~AMEWORKS ............................ .'....... 38 Toh/e 3 ...........................................................~ ............................................................................................. 43 ANNEX 3: COUNCIL DIRECTIVE 91/287.EEC: NATIONAL REGULATORY FRAMEWORKS .................................... 46 In the last decade mobile communications has arguably been the most dynamic market in the telecommunications sector. Analogue and digital cellular telephony, paging and cordless telephony arc now an integral part of developed telecommunications markets. And all the market trends point to continued and sustained growth in mobile telecommunications. Of particular note has been the world-wide success ofthe GSM family (GSM, DCS 1800, DCS 1900) with 220 GSM networks in operation in 106 countries with more than 44 million users. Whilst GSM has swept the world, the growth of the ERMES paging system and the DECT systems has been much less dramatic. Substantial regional variation between the Far East, the EU and the USA can be observed in the paging market, with Europe lagging behind Far Eastern countries. Cordless telephony, including DECT, is now well established and could be on the verge of substantial growth, though competing technologies may contain this growth. Further expansion in the mobile market is to be·expected within the next few years with the introduction of a third generation mobile system UMTS (Universal Mobile Telephony Services}. This Communication: o reports on the implementation and functioning of the three Council Directives which reserved frequency spectrum for the co-ordinated introduction ofGSM1, ERMES2 and DECP and reviews the extent with which Member States have complied with the requirements of the Directives; o assesses the impact of the frequency directives on the development of the markets for each of these three technologies. o considers additional action needed to ensure full compliance ofthe national regulatory lramcwork with the requirements of the directive, in order to further encourage the development of the market. Following this Communication, the Commission will initiate a wide discussion on the appropriateness of the current regulatory framework for frequency allocation in the Community, with a view to considering the need for additional Community measures in the area, where appropriate. Council Directive 87/372/EEC (GSM) of25 June 1987 on the frequency bands to be reserved for the co-ordinated introduction of public pan-European cellular digital land-based mobile communications in the Community. Council Directive 90/544/EEC (ERMES) of 9 October \990 on the frequcm:y bands designated for the co-ordinated introduction Of pan-European land-based public radio paging in the Community. 3 Council Directive 911287/EEC (DECT) of 3 June 1991 on the frequency bands to be designated for the co-ordinated introduction of digital European cordless telecommunications (DECT) into the Community. 2. COMM1IJNTITY MIEA.§llJRJE§ UlJ TIHIIE AREA OIF RAlDlllO IFJREQ:UJIENCITIE§ 2.1 IFreqMelllcy Dnrectnves Fostering the development of mobile services has always been a key issue of the European Community's policy for telecommunications. Initiatives were launched as early as 1987 to promote the Community-wide introduction of digital cellular communications systems, of digital radio-messaging systems, and of digital cordless communications. Three Recommendations have been adopted by the Council promoting the co-ordinated introduction
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